| Case ID |
1a8abb83-1ab8-4c8b-8fb6-0229240f3a4c |
| Body |
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| Case Number |
W.P. No. 3944 of 2013 |
| Decision Date |
Dec 09, 2014 |
| Hearing Date |
Oct 29, 2014 |
| Decision |
The Islamabad High Court dismissed the petition filed by the petitioners who sought registration as medical practitioners under the Pakistan Medical and Dental Council Ordinance, 1962 without qualifying the National Examination Board (NEB) examinations. The court found that the petitioners, who graduated from a foreign university, were required to take the NEB examination in accordance with the amended law. The petitioners argued that the requirement to take the NEB exam was introduced retrospectively by the Amendment Act, which the court rejected. The court emphasized that the requirement for registration was aimed at ensuring the competence of medical practitioners and protecting public health, thus upholding the regulatory authority's decision. The court also noted that the petitioners did not have a vested right to registration based solely on their enrollment in a foreign institution prior to the amendment. |
| Summary |
In the case of W.P. No. 3944 of 2013, the Islamabad High Court addressed the issue of registration for medical practitioners who graduated from foreign institutions. The petitioners, who studied at Xi'an Jiaotong University in China, challenged the Pakistan Medical and Dental Council's requirement for them to qualify the National Examination Board (NEB) examinations as a condition for registration. They argued that the requirement was introduced retrospectively by the Medical and Dental Council (Amendment) Act, 2012, which the court found to be without merit. The court ruled that the petitioners had no vested rights to registration based merely on their enrollment prior to the amendment. The decision underscores the importance of ensuring that all medical practitioners possess adequate knowledge and skills to protect public health. This case highlights the balance between regulatory requirements and the rights of individuals pursuing a career in medicine. The ruling emphasizes the necessity of NEB examinations for foreign graduates to ensure their competence and ability to serve the public effectively. This case serves as a precedent for similar future cases involving foreign medical graduates seeking registration in Pakistan. Moreover, it illustrates the court's commitment to upholding standards in the medical profession and safeguarding public trust in healthcare professionals. |
| Court |
Islamabad High Court
|
| Entities Involved |
Pakistan Medical and Dental Council,
Xi'an Jiaotong University
|
| Judges |
ATHAR MINALLAH, JUSTICE
|
| Lawyers |
Barrister Masroor Shah,
Muhammad Munir Paracha,
Nouman Munir Paracha,
Malik Qamar Afzal,
Nabeel Rehman,
Malik Faizal Rafiq,
Deputy Attorney-General
|
| Petitioners |
Others,
OMER ISMAIL KHALID
|
| Respondents |
Others,
PAKISTAN MEDICAL AND DENTAL COUNCIL
|
| Citations |
2015 SLD 1295 = 2015 PLD 65
|
| Other Citations |
Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187,
Mirza Mehmood Sharif Beg and 4 others v. Claims Commissioner, Pakistan, Lahore and another PLD 1973 Lah. 114,
Ghulam Haider v. Mst. Raj Bhari and 4 others PLD 1973 Lah. 372,
Pakistan Steel Mills Corporation v. Muhammad Azam Katper and others 2002 SCMR. 1023,
Khalid Qureshi and 5 others v. United Bank Limited I. I. Chundrigar Road, Karachi 2001 SCMR 103,
Water and Power Development Authority Lahore through Chairman and others v. Haji Abdul Aziz and others 2012 SCMR 965,
Senior Member Bar and others v. Sardar Bakhsh Bhutta 2012 SCMR 864,
Mst. Sarwar Jan and others v. Mukhtar Ahmed and others PLD 2012 SC 217,
Muhammad Tariq Badr and another v. National Bank of Pakistan and others 2013 SCMR 314,
Muhammad Farooq through Legal Heirs and others v. Muhammad Hussain and others 2013 SCMR 225,
Muhammad Ayyub v. The State 2014 PCr.LJ 178,
Ch. Aamir Ali v. The State 2002 YLR 1902,
Director General Ordnance Services, General Headquarters, Rawalpindi v. Muhammad Abdul Latif 2003 SCMR 410,
Corporation through Chairman v. Inayat Rasool 2003 PLC (C.S.) 333,
Muhammad Shahab v. Government of KPK through Secretary Health Peshawar and 2 others 2013 PLC (C.S.) 712,
Witherell v. Weimer, 421 NE.2d. 869,
Ram Sukh and others v. State of Rajasthan and others AIR 1990 SC 592
|
| Laws Involved |
Qanun-e-Shahadat, 1984,
General Clauses Act, 1897,
Constitution of Pakistan, 1973,
Pakistan Medical and Dental Council Ordinance, 1962
|
| Sections |
114,
21,
199,
15
|